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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 44957
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was wondering if you could help cause I can never

Customer Question

Hello, I was wondering if you could help cause I can never find a straight answer onlime. When I was 14 I got into trouble with the police over a 'serious offence' it was my first ever time in trouble with the police and I knew it was a mistake so when confronted I told the truth and help my hands up. Because it was my first time they gave me a final warning and given 5 years before it was spent or something. I can't really remember. Anyway that was 8 years ago and now I'm wanting to apply for the army. My questions are is a final warning a criminal conviction? and will it show up on an CRB or an enhance CRB as a spent conviction or unspent or what?
Thank you
Submitted: 1 year ago.
Category: UK Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What type of check will you be subjected to?
Customer: replied 1 year ago.
Well it would be a full criminal check. I just want to know if a final warning is classed as a conviction and would it appear spent or would it not appear at all if its not a conviction
Expert:  Ben Jones replied 1 year ago.
A final warning is not in itself a criminal record so if you are asked whether you have any criminal convictions or a criminal record you can answer no. It is not subject to the usual rules on ‘spent’ and ‘unspent’ convictions. However, it can still appear on criminal checks, depending on their nature.
If you are going to be subjected to a Disclosure and Barring Service (DBS) check (this replaced the old CRB check), then whether a past record will appear on it depends on what level DBS check is being undertaken. There are three main types of DBS check:
• Basic - contains only unspent convictions
• Standard – contains spent and unspent convictions, as well as cautions, reprimands and final warnings
• Enhanced – same as a Standard but also includes local police intelligence considered relevant to the application. So even if an offence is filtered as stated below it can still appear on this check if the police deem it is relevant to your application.
Recent legislation has introduced a filtering system for some offences and they will not show up on a DBS check after a specified period of time has elapsed. The current guidelines are:
An adult caution/final warning will be removed after 6 years have elapsed since the date it was issued – and if it does not appear on the list of exempt offences.
For those aged under 18 at the time of the offence, a caution/final warning will be removed 2 years after the date it was issued as long as it was not for an offence on the exempt list. The full list of exempt offences can be found here:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/229718/list_of_offences_that_will_never_be_filtered_from_a_criminal_record_check_v1.1__xls_.xls
If you have not had to do a DBS check recently and are unsure whether your details are still stored on the PNC, then you can write to the police force that was responsible for dealing with your criminal record and make a Subject Access Request under the Data Protection Act 1998. This would involve writing to them, including proof of your ID, and requesting that they release any information held on you on the PNC. There may be a small fee involved, so I suggest you contact them first to check exactly what they need before you write to them with your request.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether you need further help or if I can close the question? Thank you

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